Court of Appeals for the Ninth Circuit October 5, 1995, No. 94-35677 (Alaska v. Babbitt)

WIGGINS, Circuit Judge:

BACKGROUND

In 1962, the Bureau of Land Management (“BLM”) granted the State of Alaska (“Alaska”) a right-of-way, pursuant to 23 U.S.C. § 317, for the construction of the George Parks Highway. The right-of-way grant was amended in 1969 to include a slightly different section of land.